High Courts Weekly Round Up
Allahabad High Court
- The Lucknow bench of the High Court dismissed a writ petition of BJP leader Jayaprada challenging the election of Azam Khan from the Rampur parliamentary constituency in the recently concluded Lok Sabha election.
- Taking a stern view of the Uttar Pradesh Bar Council Chairperson Darvesh Yadav's murder in Agra court premises, the High Court directed state government to ensure foolproof security in all court premises in the state.
Bombay High Court
- Held that attempt to rape is equally injurious, not only to the victim physically but morally. Court was hearing an appeal filed by the accused Vishal Bhalerao, a 24-year-old man from Pune convicted of raping a 12-year-old girl.
- Commuted death penalty awarded to a man accused in an acid-attack-murder case. The bench noted that, in this case, the accused was young boy aged about 23 years and there is no past criminal record, and thus it could not be termed as "rarest of the rare" case.
- Observed that in cases where overt acts are attributed to persons other than the husband, such accusations need to be proved beyond a reasonable doubt.
- Granted bail to four accused in the 2006 Malegaon blast case which killed 37 and injured over 100 people. The Court allowed the bail applications filed by Dhan Singh, Lokesh Sharma, Manohar Narwaria and Rajendra Chaudhary.
Calcutta High Court
- Though refused to issue any specified directions in a PIL filed against ongoing doctors' strike in West Bengal, reminded the 'striking' doctors about the Hippocratic Oath and called upon them to reconcile. The bench of the Chief Justice Thottathil B. Radhakrishnan and Justice Suvra Ghosh also asked the State Government to provide adequate security to the doctors.
- Held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service.
Delhi High Court
- In a huge relief to Channel 2 Group Corporation, which has exclusive broadcasting rights of the entire World Cup 2019, the High Court passed ex-parte interim order restraining over 60 websites, some radio channels and some Internet Service Providers from broadcasting the sporting event.
- Ordered the Centre to extend all the benefits to the prosecutors as recommended by the Government of NCT of Delhi way back in year 2015 while observing that the Centre is bound to accept the recommendations made by the Delhi cabinet with regard to revision of pay scales of the prosecutors since the Lieutenant Governor has to act on the aid and advice of the Cabinet in matter of appointment of Public Prosecutor.
- Perpetrators of sexual offences on innocent children are psychosocial deviants, who cannot lay any claim to leniency held the High Court in Lokesh v. State. Making further observation on heinous nature of sexual offences, Justice C. Hari Shankar said that it is in the order of nature, and is the sacred right of every living being to blossom from infancy to childhood, to adolescence and, finally, to adulthood. This order of nature is thrown into violent disarray by the sexual predators of children.
- Acquitted a man charged with rape noting amongst other things the fact that the complainant woman called him 529 times before calling police which made her narration shady.
- Directed Delhi University and the University Grants Commission (UGC) to allow students to apply for admission to undergraduate (UG) courses at the varsity for the current academic session based on the eligibility criteria of 2018-19.
Gauhati High Court
- Held that a proceeding before one Foreigners' Tribunal cannot be transferred to another Foreigners' Tribunal in exercise of its powers under Article 226 of the Constitution of India.
- Affirmed the findings of a Foreigner's Tribunal in Assam against a man who claimed to have entered India in 1965.
Gujarat High Court
- Issued notice to the State government and others on a PIL calling for sealing of all buildings which violate the building bye-laws and cancellation of licences of the violators to prevent a repeat of the fire tragedy that struck the coaching institute in Sarthana, Surat killing 22 students.
Jharkhand High Court
- In a relief to Union Agriculture Minister Narendra Singh Tomar, the High Court granted a stay in proceeding against him in lower court in a case related to alleged insult and provocation knowing that it would cause break of public peace.
- Brought the much-need relief to octogenarian Munilal Yadav, a resident of Baghmara area in Dhanbad district, who was facing starvation for the past several days. A division bench comprising Justices HC Mishra and Deepak Roshan took cognizance of the plight of old man and ordered the deputy commissioner of Dhanbad to submit a report on the issue.
Karnataka High Court
- Directed the state government to list out steps taken by it to provide drinking water to two talukas in Bidrai district. A division bench of Chief Justice Abhay Oka and Justice H T Narendra Prasad, observed that "Right to have drinking water is a part of Right guaranteed under Article 21 of the Constitution of India."
- Quashed and set aside an order passed by the Judicial Magistrate First Class (JMFC) at Sagara, taking cognizance of a complaint filed by a patient against an ENT surgeon, alleging medical negligence.
- Directed the state government to ascertain shortfall of decibel meters to record noise levels, in the police force and to acquire decibel meters for proper implementation of Noise Pollution rules.
- Dismissed a petition filed by 'The legal Attorneys & Barristers', seeking directions to the government to pass an Ordinance Bill, ensuring safety security to advocates and also protect advocates from arrest, detention and remand of police custody for the offence purported to be committed during the discharge of professional duty.
Kerala High Court
- The freedom to choose the college of his/her choice for pursuit of their studies is an aspect of the Fundamental Right to privacy of the students, the High court observed. The division bench comprising the Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar dismissed the appeal filed by Cochin Institute Of Science And Technology against a single bench order which had held that students cannot be compelled to continue in a college which, according to their perception, would be detrimental to their studies and their career.
- Quashed criminal cases against two bank officials accused of abetting suicide of a student.
- Took suo moto notice of the tragic death of two persons due to electrocution from a broken power line and registered a writ petition to ensure that the Kerala State Electricity Board comes up with "concrete proposals" for preventing such mishaps in future.
- Set aside the award of a Motor Accidents Claims Tribunal, which had exonerated the insurer from liability in a motor accident claim.
- Urged the Government of Kerala to consider writing off a loan availed to treat an endosulfan victim.The father of the victim had availed a personal loan to treat his son,who was an endosulphan victim.The treatment however did not bore fruitful results and the victim passed away in the meanwhile.
Madhya Pradesh High Court
- Commuted death penalty awarded to a man accused of rape and murder of his own daughter.
Madras High Court
- Directed the Bar Council of Tamil Nadu and Puducherry (BCTNP) to initiate disciplinary action against seven advocates involved in duplicate motor accident claims.
- Held that erection of the cell phone towers cannot be prevented on a mere apprehension about the effect of radiation from the cell phone tower.
- Reiterated that Section 482 of Code of Criminal Procedure is not an alternate remedy to Section 156(3) of Cr.P.C on refusal of police to register First Information Report on receipt of information regarding the commission of a Cognizable Case.
- Observed that the Section 174 of the Code of Criminal Procedure should be amended to include man missing cases under this provision so that an enquiry could be conducted.
Meghalaya High Court
- Observed that indiscipline by bankers cannot be condoned as they deal with public money. The division bench comprising Chief Justice Ajay Kumar Mittal and Justice HS Thangkhiew observed thus while dismissing a writ appeal filed by a bank official who was imposed with major penalty of compulsory retirement.
Punjab & Haryana High Court
- The employer's financial instability is not a valid ground to suppress the pension benefits of a retired employee as the pension is the only source of livelihood for a pensioner to live a dignified life after retirement held by Punjab and Haryana High Court.
- Directed all the investigating officers in the State of Punjab to record the statement under Section 161 Cr.P.C. by audio, video, and electronic means forthwith. The bench comprising Justice Rajiv Sharma and Justice Harinder Singh Sidhu was considering an appeal filed by a convict in a murder case. The bench noticed that some official witnesses in the case had turned hostile.